Armstrong 4: Appeals

CALIFORNIA COURT OF APPEAL
FIRST APPELLATE DISTRICT
DIVISION FOUR

.FILED

Court of Appeal ■ First App. Dist
DEC 1 7 1997
RON O. Bmhkow, cusrk
- -Wfy

CHURCH OF SCIENTOLOGY )

INTERNATIONAL, )

)

Plaintiff-Respondent )

)

v. )

)

GERALD ARMSTRONG, )

)

Defendant-Appellant. )

)

_ )

Appeal No. A075027

Marin County Superior Court
No. 157680
Hon. Gary W. Thomas
Superior Court Judge

REQUEST FOR EXTENSION TO FILE OPPOSITION
TO MOTION TO DISMISS APPEAL

Gerald Armstrong
C/O George W. Abbott, Esquire
2245-B Meridian Boulevard
P.O. Box 98

Minden, Nevada 89423-0098
Defendant and Appellant
In Propria Persona

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Defendant-Appellant Gerald Armstrong hereby requests an
extension until December 30, 1997 to file his opposition to
Plaintiff-Respondent Scientology's motion to dismiss this appeal
for the reasons set forth in the following declaration.

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong, declare:

1. I have personal knowledge of the facts set forth in
this declaration and could competently testify thereto if called
as a witness. I am making this declaration in support of a
request for an extension of time to file my opposition to
plaintiff and respondent Scientology's motion to dismiss my
appeal.

2. I apologize for my failure to file my opposition on
time. Because of other demands in my life and just doing what is
necessary to survive, I have had insufficient time to complete my
opposition. I had believed and communicated with the Clerks of
Division 4 that I would be filing my opposition by now, but that
was not possible.

3. I have, however, been diligent, and have put a great

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deal of effort into this work. In order to demonstrate my good
faith effort and my intention to file an opposition, I am sending
with this request for extension a copy of the declaration I have
written and the exhibits I have assembled to support the
opposition. I am also providing Scientology with a copy of this
declaration and exhibits.

4. My diligence and good faith are also shown by the 50
page Opening Brief I filed.

5. Clearly, the threatened dismissal of this appeal is a
serious matter. It is made particularly serious by the type of
charges Scientology is making in its motion. Because of this
matter's serious nature, it is crucial that I be able to present
a well-reasoned and researched opposition. I recently received an
offer from a US attorney to help with research in this matter. As
this Court knows, I have not had access where I have been staying
in Canada to California cases and laws, I am not an attorney.

6. As this Court has also learned from my earlier
submissions, including sworn declarations and other evidence, I
am a target of the Scientology organization's "fair game" policy.
I have been under attack from Scientology for a long time, and am
under a great amount of threat and stress. This makes working in
this subject, and life itself, very difficult.

7. My resources are extremely limited, and some things
which are simple and quick for a functioning law firm are
difficult and time-consuming for me. I have not had a printer,
nor standard office equipment like a hole punch. (I borrowed one
from a school to prepare the accompanying declaration.) Because
of the nature and practices of Scientology, to get someone to

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sign a proof of service and mail my documents can for me take
hours.

8. When I received Scientology's motion I was in the
process of moving to my new residence in Nevada, and my needed
files were divided between Canada and Nevada. I anticipate
completing this move within the next two weeks.

9. I am at the time of writing this request for extension
in Nevada, and will be here four days in connection with other
legal matters. See, e.g., declaration Exhibit 14, complaint in
Gerald Armstrong v. David Miscavige, Scientology, et al., US
District Court, District of Nevada, Case No. CV-N-97-00670-HDM
(RAM). In order to complete my opposition, I require my computer
which is in Canada.

10. This is the first extension I have requested regarding
this opposition.

11. I believe that I can complete the opposition by
December 30, and I request an extension of time until that data
in which to file my opposition.

12. My opposition to Scientology's motion has merit, as
does my appeal. Justice therefore demands that I be given the
opportunity to oppose Scientology on the merits.

I declare under the penalty of perjury under the laws of the
State of California that the foregoing is true and correct.

Executed at Minden, Nevada, December 15, 1997.

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PROOF OF SERVICE

I am employed in the State of Nevada. I am over the age of

eighteen years and am not a party to the above entitled action.

I served the following document:

REQUEST FOR EXTENSION TO FILE OPPOSITION
TO MOTION TO DISMISS APPEAL

on the following person(s) on the date set forth below, by

delivering a true copy thereof enclosed in a sealed envelope to

the addressees below:

Clerk, Marin Superior Court
Hall of Justice, Civic Center
San Rafael, CA 94903

Andrew Wilson, Esquire (with copy declaration and exhibits)

Wilson Campilongo LLP

115 Sansome Street, Suite 400

San Francisco, California 94104

Eric M. Lieberman, Esquire
Rabinowitz, Boudin, Standard,

Krinsky & Lieberman, P.C.

740 Broadway, 5th Floor

New

York, NY 10003

[X]

(By Mail)

I caused such envelope with postage thereon
fully prepaid to be placed in the US mail at
Minden, Nevada.

[ ]

(Personal)

I caused said papers to be personally served
on the office of counsel.

[X]

(State)

I declare under penalty of perjury under the
laws of the United States and the State of.

California that the above is true and
correct.

DATED: December 16, 1997

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